Legal Opinion

State v. Fuerte-Coria

Court of Appeals of Oregon

Decided November 10, 2004No. C021105CR; A120106PublishedCited by 46 opinions

1Opinion of the CourtHaselton, P. J.

Defendant, who was convicted of multiple crimes “arising out of a continuous and uninterrupted course of conduct,” ORS 137.123(4), appeals, raising two challenges to sentencing: (1) the trial court erred in imposing mandatory sentences for certain crimes pursuant to ORS 137.700(2)(a) (Ballot Measure 11 (1994)), because that statute is facially unconstitutional; and (2) the court’s imposition of consecutive sentences for certain offenses, pursuant to ORS 137.123(5)(a), 1 was unconstitutional under the reasoning of Blakely v. Washington, 542 US_, 124 S Ct 2531, 159 L Ed 2d 403 (2004). We reject…

2Cases cited8 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Ailes v. Portland Meadows, Inc.Oregon Supreme Court · 1991
  4. State v. BrownOregon Supreme Court · 1990
  5. People v. WagenerIllinois Supreme Court · 2001

3 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. State v. TannerCourt of Appeals of Oregon · 2006
  2. State v. TaylorCourt of Appeals of Oregon · 2005
  3. State v. YashinCourt of Appeals of Oregon · 2005
  4. State v. BarnesCourt of Appeals of Oregon · 2006
  5. State v. KinneyCourt of Appeals of Washington · 2005

41 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API